Judge Schmetterer

In re McKenith

A creditor filed a motion for relief from the automatic stay so that it could enforce its rights to property of a chapter 13 debtor that had been sold prior to the bankruptcy. The debtor alleged that the time for her to exercise her state law right of redemption under 735 ILCS 5/15- 1604(a) had been extended by 11 U.S.C.S. § 108 and that she could cure her default over the term of the chapter 13 plan.
Ruling: 
Relief from stay granted where debtor's extended right of redemption had expired.
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Consumer case opionion summary, case decided on February 02,2010, LexisNexis #0310-036

In re Lorenca

Bankruptcy debtors owned a residence and a rental property which was the debtors' former residence, and which the debtors were unable to sell when they moved to their current residence. The U.S. Trustee moved for conversion or dismissal of the debtors' case under 11 U.S.C.S. § 707(b)(3) on the ground that the debtors' expenses for the properties were excessive.
Ruling: 
Chapter 13 case ordered converted to chapter 7 or dismissed due to excessive real property expenses.
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Consumer case opionion summary, case decided on January 29,2010, LexisNexis #0310-051

In re 2715 N. Milwaukee LLC

Two creditors filed motions for orders deeming their claims against a chapter 11 debtor timely even though they filed those claims after the passing of the bar date. Two other creditors had objected to those claims as barred.
Ruling: 
Bar date order that was never entered on the court docket never became effective.
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Commercial case opionion summary, case decided on January 29,2010, LexisNexis #0310-062

In re Meyer

Two creditors, who held a junior mortgage in the chapter 13 debtors' residence, filed an objection to the debtors' plan. The plan treated the creditors' claim as wholly unsecured and provided that it would be paid as a general unsecured claim.
Ruling: 
Third party lien for which there was no equity in subject property could be treated as unsecured.
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Consumer case opionion summary, case decided on January 29,2010, LexisNexis #0310-097

In re Bolianz

The debtor sought to reaffirm his debt to the creditor, but not to the financial services company. The court noted that it had no jurisdiction to decide the issue of whether the debtor's allegedly fraudulent and wrongful conduct warranted disapproval of the agreement. Nor were those issues justiciable through an objection to a motion for approval of a reaffirmation agreement. The court held that the reaffirmation agreement was not untimely filed under Fed. R. Bankr. P. 4008(a) because it was an amendment of an earlier, timely filed agreement. The reaffirmation agreement was not improper because it was filed by a creditor, as Rule 4008 did not specify what party could or could not file the agreement. However, the court held that the motion to approve the reaffirmation agreement was moot because the presumption of undue hardship under 11 U.S.C.S. § 524(m)(1) made court approval of the agreement mandatory, but the presumption had expired at the time the motion was filed. Under § 524(m)(1), the presumption arose for only 60 days after the agreement was filed and had to be extended by court order before the expiration of the 60-day period.
Ruling: 
Motion to approve reaffirmation agreement was moot where presumption of undue hardship had expired.
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Consumer case opionion summary, case decided on January 08,2010, LexisNexis #0210-012

Raymond Profl Group Inc. v. William A. Pope Co. (In re Raymond Profl Group Inc.)

Plaintiff bankruptcy debtors, a contractor and its sole corporate shareholder, brought an adversary proceeding against defendant subcontractor in a dispute concerning funds from a construction project. The subcontractor moved to disqualify the debtor's counsel and to appoint a chapter 11 trustee, and the shareholder moved for voluntary dismissal without prejudice of its claim to ownership of a project account.
Ruling: 
Debtor in possession's counsel disqualified due to actual conflict of interest.
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Commercial case opionion summary, case decided on December 17,2009, LexisNexis #0110-037

In re Washington Mutual Inc.

Movant, the creditor purchasing substantially all of the debtor's assets, sought to compel the debtor's note holders group to comply with the notice requirements of Fed. R. Bankr. P. 2019(a), because it was an entity or committee representing more than one creditor, similar to an ad hoc creditors committee or a shareholder's committee.
Ruling: 
Note holders' group was an "entity" that could be compelled to comply with notice requirements.
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Commercial case opionion summary, case decided on December 02,2009, LexisNexis #1209-106

Raymond Profl Group v. William A. Pope Co. (In re Raymond Profl Group Inc.)

Plaintiff bankruptcy debtors, a construction contractor and its owner, brought an adversary proceeding against defendant subcontractor concerning a disputed account relating to a construction project. The subcontractor's motion to disqualify the debtors' counsel was denied, the debtors moved for sanctions against the subcontractor, and the subcontractor moved to compel the debtors to pay the deposition fees of the subcontractor's experts.
Ruling: 
Denied motion to disqualify counsel was not grounds for sanctions where there was some basis for challenging the representation.
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Commercial case opionion summary, case decided on November 25,2009, LexisNexis #1209-136

In re Forrest

Before the court for confirmation was debtor's modified chapter 13 plan and a creditor's objection thereto.
Ruling: 
Chapter 13 debtor could not strip off a junior mortgage without bringing an adversary proceeding.
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Consumer case opionion summary, case decided on September 16,2009, LexisNexis #1009-059

Raymond Profl Group Inc. v. William A. Pope Co. (In re Raymond Profl Group Inc.)

The court entered a judgment in an adversary proceeding holding that defendant contractor was entitled to all funds in a disputed account, and against the claims of the bankruptcy estates of plaintiff debtors. The debtors filed a timely motion under Fed. R. Civ. P. 59 and 60, made applicable to bankruptcy by Fed. R. Bankr. P. 9023 and 9024 to alter or amend the judgment or for relief from judgment.
Ruling: 
Debtor's motion to alter or amend judgment in adversary proceeding denied.
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Commercial case opionion summary, case decided on September 15,2009, LexisNexis #1009-061

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